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RESOL'OTION no. l~6
TERMINATING CONTRACT
COWPER STREET, RT AL
PROJECT NO.. 46-4
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RF.SOLVED, by the City Council of the City of Palo Alto, California, that
WHERF..AS, pursuant to notice duly given al'ld on July 29,
1946, this council adopted its Re9olut1on No. 1530 awarding the
contract to the Union Pe.v1ng Company for doing the work and fur-
n1eh1ng the materials called for under Resolution of Intention
No. 1516 ot this council adopted on June 10, 1947;
'WHEREAS, on August 12, 19~6, said bidder entered into a
vrittan contract with the city for doing sa1d work a~ for
furnishing said materials by the tel'ms or Which it was prov1d&d
that naid work shall be commenoed on August 12, 1946 .• &IX! be
completed within a pe2•1o<J of 180 consecutive cale.Mar ljavs from
aoo after the date of commencement; w
217
WHEREAS, th~ City he.s made repea tet1 C!emands upon said con-
tractoI· that he u...'ldertake th,, performance of said work, and said
contractor has on each occasion failed, :refused and neglectf~cl so to c2o;
NOW, THEREFORE, IT IS ORDERED, pursUllnt to Section 9 of said contract, as follows:
1. That notice 18 hereby g1 ven to said contractor, Union
Paving Company, arr. to 1te surety under said contre.ct, c~ntral
Surety and In,urance Ccrporat1on, that the city intends to terminate
said contract unl~ss said violation shall cease and satisfactory a~rangements for the correction thereof were made by said contractor
undertaking the performnnce o:i.' said vork am improvements within
ten (10) days from the service of a copy of this resolution on each thereof.
2. Unless lW'ith ten (10) days after the service of a
copy hereor upon said contractor and surety, such violation shall
cease and satisfactory arrar.gemente for correction thereof be ma~e,
said contract shall upon the e~p1rat1on of ea1~ ten days cease and
terminate, and in such event, Fabian Miller, City Engineer, shall
immediately serve ~ritten notice upon said contractor anj surety
and said surety shall have the right to take over and perform said contract.
3. If said surety, within fifteen (15) days after the
service or said notice of termination, does not give the city
written notice o.t 1ts intention to take over am pe1•form said
contr&ct or having given said notice of intention to perform, does
not commence performs.nee thereof within thirty (30) days from the
date or service of such notice of termination, the city shall
take over the work and prosecute the same to completion by contract or
by any other meth~a they may deem advisable for the account and
at the e.:x_I;er..se of said cor .. .tre.ctor, Union Paving Ccmpany, am sa;..d
contractor and 1ts surety ehall be liable to the city tor any
excess cost occasioned the city thereby.
Notice, in each of said cases, shall be given by mail by
depositins certified copies of this resolution or copies of saic
notice signed by said engineer enclosed in ~ea.led envelopes
addressed to said contractor and surety at their office addresses
1n the City and County of San Francisco, postage prepaid, in the
United States Post Office in the City of Palo Alto, Calif'orn1a.
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218
I hereby ci~rtlf'y that the forogo1ng resolution vas duly ant1
regularly a~opted by the City Council ot the C1ty of Palo Alto,
California., at a meeting the:reof hel~ on the 14th d&y of A~)ril, 1947 1 by the follo~ing vote:
AY~, aoo in favor thereof, Councilmen: Bentrott; Blois,
Bolander, Bowden, Caahel, Cornish, Free~man, Li:ru.16r,
Merner, Mitchell, Morten, R1char~u, Thoit8.
NOES, Councilmen: None.
ABSENr; Ccuni;.ilmen: Beene, Thomae.
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